Noticing Requirements for Rescheduled and Continued 341(a) Meetings

Wednesday, March 11, 2015

Reminder for attorneys regarding Local Rule changes effective December 1, 2011 for adjourned/continued meetings and September 1, 2014 for rescheduled meetings.


Rescheduled §341(a) Meetings

A meeting under 11 U.S.C. § 341(a) is rescheduled if it has not been called to order.  If a party needs to reschedule a meeting before it is called to order, they are to contact the Trustee assigned to the case. When a Trustee reschedules a 341 meeting in the Court’s CM/ECF system, the docket entry text states the rescheduled meeting date, time, location and who is to provide notice of the rescheduled meeting.

Pursuant to Local Rule 2002-1(d)(3), which was amended on September 1, 2014, the party requesting the rescheduled meeting is to provide notice of the rescheduled meeting to all parties in interest. The Clerk will provide notice only in the following circumstances: if the party requesting the rescheduled meeting is a pro se debtor, or the rescheduling is due to inclement weather, Acts of God, sudden illness, or the debtor’s failure to file required documents.  

Adjourned/Continued §341(a) Meetings

A Trustee has the authority to call a meeting to order and then adjourn the meeting pursuant to Fed. R. Bankr. P. 2003(e). Once a 341 meeting of creditors has been convened, no further notice to all creditors is required.

Pursuant to Local Rule 2003-1(c), which was implemented on December 1, 2011, the Trustee must orally announce the new date and time to the parties and creditors in attendance at the originally scheduled meeting. Once adjourned, the Trustee is required to docket a text entry in the Court’s CM/ECF system reporting that the meeting was adjourned/continued. All electronic participants in the case are then notified of the continued meeting date and time via the Notice of Electronic Filing (NEF) of the Trustee’s text entry. The docket entry text states the continued meeting date, time and location. If the debtor is pro se, the Clerk will provide notice to the pro se debtor of the continued meeting date. If the debtor is represented by counsel, it is debtor’s counsel responsibility to inform the debtor of the continued meeting.